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Integration for Third-Country Nationals in the European Union

Integration for Third-Country Nationals in the European Union

The Equality Challenge

Edited by Sonia Morano-Foadi and Micaela Malena

This highly original book provides an innovative analysis of EU migration and asylum law and its interplay with equality issues in order to assess the current integration framework for third-country nationals and to explore future scenarios in the European Context.

Chapter 2: The equality clauses in the EU directives on nondiscrimination and migration/asylum

Sonia Morano- Foadi and Karin de Vries

Subjects: development studies, migration, law - academic, european law, human rights, law and society, politics and public policy, human rights, social policy and sociology, migration, urban and regional studies, migration


This chapter reflects on the application of the equality clauses to non-EU nationals in two separate areas of law–EU anti-discrimination and migration/asylum–and considers their interplay. A key aspiration of this chapter and, indeed, of the entire book, is to explore the challenges to equality that appear at the intersection of these two areas. The chapter begins with an analysis of the non-discrimination principles on the ground of nationality (art 18 TFEU) and on the ground of race (art 19 TFEU), as expanded by the Directives introduced in this field (hereby referred to as the Equality Directives). The scope of application of art 21 of the Charter, which lays down the principle of non-discrimination as a fundamental rights norm, is also explored. Next, the case law of the Court of Justice of the EU (hereby CJEU or Luxembourg) and the European Court of Human Rights (hereby ECtHR or Strasbourg) are examined. An analysis of the ECtHR’s case law regarding the differential treatment of third-country nationals (TCNs) serves two distinct but complementary purposes. First, it helps to clarify the legal standards with which the EU legal framework on the treatment of thirdcountry nationals must comply after the entry into force of the Lisbon Treaty.

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